New South Wales Consolidated Acts

CHILD PROTECTION (WORKING WITH CHILDREN) ACT 2012 - SECT 6

6 Child-related work

(1) A worker is engaged in
"child-related work" for the purposes of this Act if-

(a) the worker is engaged in work referred to in subsection (2) that involves direct contact by the worker with a child or children and that contact is a usual part of and more than incidental to the work, or

(b) the worker is engaged in work in a child-related role referred to in subsection (3).

(2) The work referred to is work for, or in connection with, any of the following that is declared by the regulations to be child-related work-

(a) mentoring and counselling services for children,

(b) child protection services,

(c) the provision of health care in wards of hospitals where children are treated and the direct provision of other child health services,

(d) clubs, associations, movements, societies or other bodies (including bodies of a cultural, recreational or sporting nature) providing programs or services for children,

(e) respite care or other support services for children with a disability,

(f) education and care services, child care centres, nanny services and other child care,

(g) schools or other educational institutions (other than universities) and private coaching or tuition of children,

(h) sporting, cultural or other entertainment venues used primarily by children and entertainment services for children,

(i) detention centres (within the meaning of the Children (Detention Centres) Act 1987 ) and juvenile correctional centres (within the meaning of the Crimes (Administration of Sentences) Act 1999 ),

(j) any religious organisation,

(k) refuges used by children, long term home stays for children, boarding houses or other residential services for children and overnight camps for children,

(l) transport services especially for children, including school bus services and taxi services for children with a disability and supervision of school road crossings,

(m) any other service for children prescribed by the regulations.

(3) The following roles are referred to-

(a) an approved provider or manager of an education and care service,

(b) a nominated supervisor (within the meaning of the Children (Education and Care Services) National Law (NSW) of an education and care service,

(c) an authorised carer,

(d) an assessment officer (within the meaning of section 27A of the Children and Young Persons (Care and Protection) Act 1998 ),

(e) the principal officer of a designated agency,

(f) the principal officer of an accredited adoption service provider,

(g) any other role with respect to children prescribed by the regulations.

(3A) The regulations may provide for circumstances in which direct contact by a worker with a child or children is taken to be a usual part of and more than incidental to a worker’s work.

(4) In this section-

"direct contact" with children means-

(a) physical contact, or

(b) face to face contact.